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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
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Experience:  JD, MBA
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I am a father who went to court and had a Forensic account

Customer Question

I am a father who went to court and had a Forensic account say I made 7200.00 a month with a 5000.00 a month over head, Im self employed and grossed 6700.00 not 7200.00 month and net 5000.00 per month, but the judge ordered me to pay attorney and accounting fees 1500.00 per month with a total of 20000.00, the payment were suppose to start 11/1/12 the accounten blew his brains out 11/1/12, so anyways I am unable to play this and I have suppled paper work to prove this but the judge still insistes I have to pay or she will put me in jail, I have 3 kids living with me have a 2500.00 amouth house payment the only way I can pay is to loose the houe I owe 63000.00 worth 200000.00 wht to do
Submitted: 1 year ago.
Category: Family Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

I'm sorry to hear about your legal troubles. Unfortunately, the time to argue over your finances was during the hearing when the forensic accountant's findings were admitted as evidence. Once the judge makes a final ruling, all you can do is appeal. Appeals, however, must generally be filed within 30 days of the judge's ruling. Accordingly, it appears that it is too late to argue over the judge's ruling.

I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. Please remember to rate me based upon whether I answered your question, and not upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated.

Thank you and good luck!
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 10024
Experience: JD, MBA
TJ, Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

But is not true that if I can prove I can not possible make the payment


I cant get in any trouble and also I have standing order if I let the house


go in to forcloser am I in contempt

Customer: replied 1 year ago.

 


But is it not true that if I can prove I can not possible make the payment


I cant get in any trouble and also I have a standing order if I let the house


go in to forcloser am I in contempt

Customer: replied 1 year ago.

 


But is not true that if I can prove I can not possible make the payment


I cant get in any trouble and also I have standing order if I let the house


go in to forcloser am I in contempt


 

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

I'm sorry to say that it is not true that if you can prove that you can't make the payment, then you can't get into trouble. The time to prove your finances was several months ago. The judge won't likely allow you to present any new evidence regarding your finances. Accordingly, you can get into trouble for not abiding by the court's order.

I suppose it can't hurt to file a motion asking for the court to reconsider, and attach exhibits as evidence of your current income. Or, if circumstances have substantially changed between then and now, then that may be relevant. It's a long shot, but you won't get into trouble for asking. But I have to be honest that it is unlikely to work.

I am truly sorry to give you that bad news.
Customer: replied 1 year ago.

But as I mentioned before the Forensic accountant say I made 7200.00


and this is what the judge based her findings on not on my financial


statement and he committed suicide 2 weeks later after lying about


my income, I was paying 250.00 per month for about 4 Weeks


until I went back to court were I was held in contempt but this


time I brought bank statements showing my true Income, the judge


said at the time I had money to pay but now I dont this is not true


I never had the fundes the accountant said I did, so any way I went


back to court yesterday the attorney said he could not get a replacement acconutant with out money, the judge says I must have


draw money out and turned it in to cash this is all false statements


for there is no proof of what can I do

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

You didn't mention that the forensic accountant lied. Your previous posts indicated that the forensic accountant was wrong. There is a big difference between being wrong and lying. If the forensic is simply wrong, then a judge is unlikely to reverse the prior ruling because the time to argue over the forensic accountant's findings was months ago before the ruling. But if you have evidence that the forensic account lied, then that is an entirely different matter. You can ask the judge to vacate the prior ruling based upon your evidence that the forensic accountant committed perjury. A judge would likely vacate the ruling if you have convincing evidence.
Customer: replied 1 year ago.

The accountant had no documantation to back his cliam, he said after


reviewing my bank statement he found that I made 7200.00 per month


with a 5500.00 over head so the judge said pay 1500.00 per month


when really i grossed 6700.00 and net 5000.00 my taxes refect this


and so does my bank statements the account totaly lied he had no paper work only his word but he is dead know so know what


 


 


 


 


 


 


 


 


 


 



Expert:  TJ, Esq. replied 1 year ago.
Hi again.

If you have evidence that the accountant lied, then you can file a motion to vacate the prior ruling and include the evidence of the perjury. But again, being wrong is the not same as lying. A judge is unlikely to grant your motion if your argument is that the accountant was wrong because the time to argue over that has already passed. So, you'll want to be sure to argue that the accountant lied, and include the evidence to support that claim.
Customer: replied 1 year ago.

If the accountant was sworn in is there a transcript of his testimony or


some type of record I can get to prove he was lying

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

If a court reporter was in the courtroom during the hearing, then you can get a transcript. you can contact the court clerk for that info.

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